5.  The applicant was born in 1950 and lives in Strumica, where he works as a surgeon at Strumica Hospital (“the hospital”).
6.  On 8 June 1997 the applicant treated Z.R.’s broken and injured arm. In the days that followed Z.R. complained of pain in the arm. The applicant, together with two other doctors and other hospital staff, applied various treatments and referred Z.R. to the children’s clinic in Skopje.
7.  On 11 June 1997 Z.R. was admitted to the children’s clinic in Skopje. It was discovered that he had a serious bacterial infection; consequently, his right hand was amputated on 19 June 1997.
8.  On 25 September 1997, an investigating judge of Strumica Court of First Instance (“the trial court”), on a request by the public prosecutor, opened an investigation against the applicant. On 19 April 2000 the public prosecutor lodged an indictment against the applicant for aggravated medical malpractice (тешки дела против здравјето на луѓето).
9.  On 10 July 2001 and 13 December 2004 the trial court acquitted the applicant (се ослободува од обвинение). Those judgments were quashed by the Štip Court of Appeal (“the appellate court”) on 30 January 2002 and 9 March 2005 respectively. The appellate court on both occasions observed, inter alia, that the degree of the applicant’s guilt and consequently, the proper qualification of the criminal offence, had not been correctly established in the proceedings before the trial court. It further ordered that the experts’ opinions be supplemented.
10.  On 13 September 2006 the trial court again acquitted the applicant, finding no grounds that a criminal offence had been intentionally committed.
11.  On 13 December 2006 the appellate court, of its own motion, at a session in the presence of both parties, re-qualified the charges and dismissed them (се одбива обвинението) as time-barred. It found that despite its instructions given in the earlier remittal orders, the degree of the applicant’s guilt was not correctly established in the proceedings before the trial court. The appellate court concluded that the applicant’s actions could have been negligent rather than intentional and therefore the criminal prosecution had become time-barred.
12.  On 21 March 2007 the Supreme Court accepted the public prosecutor’s request for the protection of legality, and remitted the case to the appellate court. The Supreme Court held that the appellate court, having re-qualified the charges, established the facts anew without holding a hearing (претрес).
13.  On 8 October 2007 the appellate court held a hearing in the presence of both parties and again dismissed the charges as time-barred.
14.  The applicant and the public prosecutor both lodged appeals before the Supreme Court. The applicant also submitted observations in reply to the public prosecutor’s appeal.
15.  On 26 March 2008 the Supreme Court held a session (седница) in the presence of the public prosecutor. After hearing the public prosecutor’s oral pleadings, in which she sought a dismissal of the applicant’s appeal and for the prosecutor’s appeal to be allowed, relying as well on the parties’ written submissions, the Supreme Court dismissed the applicant’s appeal, allowed the public prosecutor’s appeal, and reversed the appellate court’s judgment. The Supreme Court accepted the trial court’s findings of facts and law, namely that the imputed offence should be qualified as intentional aggravated medical malpractice. The Supreme Court concluded that the applicant was guilty, and sentenced him to one year’s imprisonment. The applicant’s representative was served with the Supreme Court’s judgment on 19 June 2008, and the applicant himself on 11 July 2008.
16.  On 1 April 2009 the applicant started serving the prison term. On 6 October 2009 the trial court replaced the prison sentence with a conditional discharge. This decision became final on 14 October 2009.